Kuldeep Vs State of U.P.

Heard Sri Ankit Shukla, Advocate holding brief of Sri Ratnesh Kumar Shukla, learned counsel for the applicant as well as Sri Shyam Dhar Maurya, learned A.G.A. for the State and perused the material placed on record.

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Applicant seeks bail in Case Crime No.338 of 2025, under Sections 191(2), 191(3), 109, 115(2), 352, 351(3) B.N.S., Police Station- Pilakhua, District- Hapur, during the pendency of trial.

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As per prosecution story, the police stated to have instituted the FIR regarding brick-batting and arsoning between the two rival groups on 14.6.2025.

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Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The FIR is delayed by about one day and there is no explanation of the said delay caused.

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Learned counsel for the applicant has further stated that two persons from the side of applicant and one person of other side had sustained injuries in the incident. Neither of the two sides has instituted any FIR whatsoever. It is stated that none of the injuries is on the vital part of the body of the injured person.

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BAIL No. 28848 of 2025

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2

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It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 12.7.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Per contra, learned A.G.A. has vehemently opposed the bail application.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that injuries have been sustained by both the parties and neither of the two sides has instituted any FIR whatsoever, and without expressing any opinion on the merits of the case, prima facie , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed .

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Let the applicant- Kuldeep , who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The applicant shall not tamper with evidence during trial.

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(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.

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(iii) The applicant shall appear before the trial court on the date fixed.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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(Krishan Pahal,J.)

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September 12, 2025 Vikas Verma

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Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad

Kuldeep v. State of U.P.

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Kuldeep v. State of U.P.

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